Yusen Logistics (Australia) Pty Ltd

[2019] FWCA 1319

[2019] FWCA 1319 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yusen Logistics (Australia) Pty Ltd
(AG2018/6775)

YUSEN LOGISTICS (AUSTRALIA) PTY LTD - DANDENONG SOUTH WAREHOUSE FACILITIES - ENTERPRISE AGREEMENT 2018 - 2021

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Yusen Logistics (Australia) Pty Ltd - Dandenong South Warehouse Facilities - Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Yusen Logistics (Australia) Pty Ltd - Dandenong South Warehouse Facilities - Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yusen Logistics (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 18.2.2, 18.1.5 and 36.7 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. The nominal expiry date of the Agreement is 6 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502038  PR705397>

Annexure A